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(영문) 춘천지방법원 2018.03.21 2018고단32
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2017, at around 11:45, the Defendant driven C rocketing car with a alcohol content of 0.084% under the influence of alcohol while under the influence of alcohol at around 0.084%, without obtaining a driver’s license in the section of approximately 3 km from the front of the Geum River Industrial History in the Geumcheon-gun, Hongcheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of subparagraph (A) to a survey report on actual condition, on-site photographs, a statement on the circumstances of the driver's license in the principal place;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for any violation of the Road Traffic Act and any violation of the Road Traffic Act (non-licenseed driving), and punishment on any violation of the Road Traffic Act (non-licenseed driving).

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the instant crime under the influence of alcohol without a driver's license even though he had been under criminal punishment for driving under the influence of alcohol in 2003, 2006 (i.e., May 16, 2006), and the fact that he committed the instant crime under the influence of alcohol without a driver's license for a motor vehicle in 2013, and that the blood alcohol concentration in 2006 and 2013 exceeded 0.1%, which is disadvantageous to the defendant.

However, the fact that the Defendant appears to have recognized and reflected the instant crime, there is no record of criminal punishment heavier than the suspension of qualification for the Defendant, and that the Defendant does not repeat the instant crime by stating that “I would not absolute punishment in the future.” While the instant crime was committed at the time of the instant crime, the primary cause of the instant traffic accident appears to be the center line of the other party, etc., as factors for sentencing favorable to the Defendant.

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